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Contact usAlternative Dispute Resolution (ADR) and Mediation
We encourage clients to engage in Alternative Dispute Resolution (ADR) where it’s appropriate. With several trained mediators and other ADR specialists on board, our lawyers can provide expert advice on all forms of ADR like commercial arbitration. We appear regularly before arbitral bodies including the London Court of International Arbitration (LCIA).
Our focus is you
When you have a dispute, whether with an individual or an organisation, Alternative Dispute Resolution (ADR) may well be worth considering. ADR is a less formal way of trying to resolve disputes than litigation, it takes less time and is usually far more cost effective. Accordingly, ADR is something that our lawyers will always be alive to, discuss with our clients and implement where that is likely to be in our clients’ best interests.
What is Alternative Dispute Resolution (ADR)?
ADR comes in a number of forms, the most well known of which is probably mediation but there are a number of other forms, including negotiation, expert determination and arbitration, including informal arbitration in the context of unfair dismissal claims. The most common form of ADR is mediation where the parties will come together and present their case to an independent trained mediator who will then work with the parties to try to encourage a settlement. If an agreement is reached and signed it is binding on the parties and can be enforced like any contract or Court judgment.
There is no obligation on either party to settle in a mediation and the mediator cannot impose his or her own decision. Even if a mediation is unsuccessful, this is unlikely to present significant difficulties to either party because mediations are conducted on a confidential basis and cannot be discussed with a judge of any description in the matter in question until the matter has been finally determined.
Both parties have to agree to ADR, although in some cases the Court may insist that the parties consider ADR and can even impose cost penalties if they do not. ADR can take place at any time before or during formal Court proceedings and so it should not be looked upon as being entirely separate from a litigation process. Rather, ADR can compliment an ongoing litigation process. If ADR fails then both parties can still resort to or carry on with Court proceedings.
Our lawyers approach to Alternative Dispute Resolution (ADR)
DMH Stallard are very supportive of ADR and dispute resolution practices. Our lawyers have significant expertise in ADR and indeed several of our practitioners are trained mediators with some of the leading organisations dedicated to mediation, including the Centre for Effective Dispute Resolution (CEDR).
Our lawyers have offices based in London and other locations across the South-east which include Gatwick and Crawley, Hassocks, Horsham, Brighton and Guildford.
Please note that visits to our office is by appointment only. If you require legal advice please contact one of our solicitors via our online enquiry form.
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Recent work
Sectors
High value director dispute
Acting for a luxury IT system and creative design company in a dispute involving the forced removal of a director and 50% shareholder for breach of fiduciary duties and shareholders’ agreement. The shareholder is aiming to recover its shares through a share buyback. The dispute, ongoing for over two years, has severely impacted our client’s business growth and development, complicated by the absence of a shareholders’ agreement and threats of unfair prejudice claims and attempts to wind-up the company.
Dispute Resolution and Commercial Litigation Lawyers
Defending complex enforcement action
Acting for a property construction and development company facing enforcement action over two loans totalling approximately £3.9m, secured by property and subject to multiple assignments. In response to the lender’s actions, we challenged the loans on various grounds, including regulatory compliance under the Financial Services and Markets Act 2000, asserting that they constitute unfair relationships under the Consumer Credit Act 1974, and disputing the validity of receiver appointments and default interest provisions, arguing that they are unenforceable as a penalty.
Construction and Engineering
Multi-angled shareholder dispute
Acting for a large care home group embroiled in a dispute with a departing employee/director who is also a shareholder and involved in competing businesses. The case involves complex issues of constructive dismissal, unfair prejudice, and refusal to relinquish shares, compounded by allegations of fraudulent misrepresentation and discussions around rescission of shareholder agreements. We are actively engaging in negotiations to force share buybacks and defend against expected High Court claims, which have disrupted the group’s growth plans, resulting in loss of management time and potential revenue.
Dispute Resolution and Commercial Litigation Lawyers
High value enforcement action
Representing an offshore lender involved in a joint loan of approximately £12m to two companies for land development in the North West of England, secured by legal charges and personal guarantees. After the companies defaulted, we assisted in various enforcement actions, including appointing receivers, and addressing issues with UN1 registrations from potential buyers. We are currently pursuing the directors under their personal guarantees to mitigate a substantial shortfall of over £6m for the lender.
Banking and Finance
International Shareholder Dispute
Acting for a 50% shareholder in a complex dispute, alleging unfair prejudice stemming from management practices and competition concerns involving directors and a newly incorporated company. We are spearheading High Court proceedings to support the petitioner’s pursuit of the petition – success in this dispute is crucial for preserving the client’s core business focus, protecting brand reputation, and ensuring continued growth within the sector.
Dispute Resolution and Commercial Litigation Lawyers
Complex unfair prejudice petition
Acting for a business support company, in an unfair prejudice petition filed by a shareholder against a firm which traces PPI (the Defendant). The Defendant faces allegations of unlawfully diverting business and intellectual property rights claims. The case, which proceeded to trial in the High Court in Spring 2023, involves multiple Respondents, and stems from a shareholder dispute within the regulated legal business (the value of the claim is around £30m). The claims have been further complicated through legal actions against owners and directors, highlighting broader regulatory implications within the legal industry.
Dispute Resolution and Commercial Litigation Lawyers
High value shareholder dispute
Acting for a construction company in a shareholder dispute and facing an unfair prejudice petition under the Companies Act 2006 (our clients are two of seven Respondents). The case is complex and involves valuation disagreements, contractual disputes, director issues, and aviation regulations, complicated further by the involvement of multiple litigants in person. The claim value is significant, involving share capital worth up to £40m.
Dispute Resolution and Commercial Litigation Lawyers
Complex charity trust advice
Assisting a development company by advising trustees on matters concerning a charity’s current status, particularly focusing on complications arising from the charity’s premises and a potential joint venture. The matter involved challenges relating to issues around the renewal of a lease, resulting in the trustees taking out a substantial loan.
Dispute Resolution and Commercial Litigation Lawyers
High value risk mitigation
Assisting a national PLC with an ongoing project to address a myriad of financial and regulatory issues. We have worked with this client to identify and rectify these issues so as to achieve the client’s objectives in a cost-effective manner whilst successfully managing what could have been significant potential reputational risk for our client.
Dispute Resolution and Commercial Litigation Lawyers
Overseas Asset Protection
We defended our client against the misuse of their trademark and breaches of their franchise agreement overseas for who franchised a range of international casual and fine dining restaurant brands.
Insights
Insights
Court of Appeal sees case concerning box shifting mitigation scheme promoted by Principled Offsite Logistics Limited.
06/08/2026
Insights
DMH Stallard has advised the shareholders of Sygna Holdings Limited on the sale of a majority stake in the business to leading European integrated facilities management company Apleona.
16/07/2026
Insights
Traditionally, a period of international instability and low business growth is not good for investor confidence, with the result that prices and deal volumes drop; but that is not what we are seeing.
15/07/2026
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